ILLINOIS POLLUTION CONTROL BOARD
September 6, 2001
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MOUND CITY,
Respondent.
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AC 02-4
(IEPA No. 288-01-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On July 24, 2001, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Mound City.
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code
108.202(c). The Agency alleges that Mound City violated Sections 21(p)(1) and (3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1),(3) (2000)). The Agency further alleges that
Mound City violated these provisions by causing or allowing the open dumping of waste in a
manner resulting in litter and open burning at its facility located south of Route 37 at the west
end of Poplar Street in Mound City, Pulaski County, Illinois.
As required, the Agency served the administrative citation on Mound City within “60
days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
see also
35 Ill. Adm.
Code 108.202(b). On August 23, 2001, Mound City timely filed a petition to contest the
administrative citation.
See
415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Mound
City denies that it is guilty of any violation alleged in the administrative citation.
See
35 Ill.
Adm. Code 108.206. The Board accepts the petition for hearing.
The Board directs the hearing officer to proceed expeditiously to hearing. The hearing
officer will give the parties at least 21 days written notice of the hearing. 35 Ill. Adm. Code
108.300;
see also
415 ILCS 5/31.1(d)(2) (2000). By contesting the administrative citation,
Mound City may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS
5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is
available at the Board’s offices and on the Board’s Web site <www.ipcb.state.il.us>. 35 Ill.
Adm. Code 504.
Mound City may withdraw its petition to contest the administrative citation at any time
before the Board enters its final decision. If Mound City chooses to withdraw its petition, it must
do so in writing, unless it does so orally at hearing.
See
35 Ill. Adm. Code 108.208. If Mound
City withdraws its petition after the hearing starts, the Board will require Mound City to pay the
hearing costs of the Board and Agency.
See id.
at 108.500(c).
The Agency has the burden of proof at hearing.
See
415 ILCS 5/31.1(d)(2) (2000); 35 Ill.
Adm. Code 108.400. If the Board finds that Mound City violated Sections 21(p)(1) and (3), the
Board will impose civil penalties on Mound City. The civil penalty for violating Section 21(p) is
$1,500 for a first offense and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5)
(2000); 35 Ill. Adm. Code 108.500. However, if the Board finds that Mound City “has shown
that the violation resulted from uncontrollable circumstances, the Board shall adopt a final order
which makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2)
(2000);
see also
35 Ill. Adm. Code 108.500(b).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 6, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board